Where an unmarried couple is being treated, the male partner will not automatically have 'parental responsibility'. Parental responsibility is defined by the Children Act 1989 in England and Wales and the Children (Northern Ireland) Order 1985 as 'all the rights, duties, powers, responsibilities and authority which by law a parent of the child has in relation to the child and his property'. *Section two of the Children Act 1989 states :

1. Where a child's father and mother were married to each other at the time of his birth, they shall each have parental responsibility for the child.

2. Where a child's father and mother were not married to each other at the time of his birth -

a) The mother shall have parental responsibility for the child.

b) The father shall not have parental responsibility for the child, unless he acquires it in accordance with the provisions of the Act.

Similar provisions apply in Scotland by virtue of Section 3 & 4 of the Children (Scotland) Act 1995 and in Northern Ireland by virtue of Article 3 of the Children (Northern Ireland) Order 1995.